Participating Financial Institutions: Bankstown City Unity Bank, Beyond Bank, CAPE Credit Union, Catalyst Money, Central Coast Credit Union, Community First Credit Union, Credit Union SA, CUA Limited, Customs Bank, Firefighters Mutual Bank, First Option Credit Union, Goulburn Murray Credit Union, Horizon Credit Union, Illawarra Credit Union, Laboratories Credit Union, MyState, Northern Inland Credit Union, P&N Bank, People’s Choice Credit Union, Police Bank, QT Mutual Bank, Reliance Bank, SCU, South West Slopes Credit Union, Teachers Mutual Bank, The Mac, The Rock, UniBank, Unity Bank, WAW Credit Union and Woolworths’ Employees Credit Union.
Participation in this Cuscal Mobile Pay App Campaign 2017 (“Promotion”) is deemed acceptance of these Terms and Conditions. The promoter is Cuscal Limited (ABN 95 087 822 455) of Level 2, 1 Margaret Street, Sydney NSW 2000 (“Promoter”). NSW Permit No. LTPS/17/14327, ACT Permit No. LTPS/17/14327, SA Permit No. T17/898.
1. The Promotion commences at 12.00am AEST on 17 July 2017 and closes at 11.59pm AEST on 10 September 2017 (“Promotional Period”).
2. Entry is only open to individuals who satisfy the following eligibility criteria:
(a) Australian resident;
(b) holds a valid personal Visa Debit card or Visa Credit card (“Eligible Card”) issued by a Participating Financial Institution (a full list of Participating Financial Institutions can be found at www.cuscalpayments.com.au/mobilepay2017) which has been provisioned successfully in either Android Pay, Apple Pay or Samsung Pay (“Mobile Pay App”);(c) aged 18 years or over, or if aged under 18 years must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion);
(d) not an employee (or an immediate family) of the Promoter 1 ; and
(e) not an employee (or an immediate family) of Anisimoff Legal; and
(f) holds a current Eligible Card account with no amount in arrears or overdue owing on the Eligible Card account as at the applicable draw date/time in order to claim a prize, if drawn as a winner.
3. Incomplete transactions and transactions that are reversed or cancelled will be ineligible for entry.
4. The Promoter reserves the right, at any time in its sole discretion:
(a) to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence);
(b) to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion; and
(c) to determine the identity of the entrant if there is a dispute as to the identity of an entrant.
5. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from individuals who breach these Terms and Conditions are reserved.
6. To be entered into the draw, individuals must complete three (3) eligible purchases/transactions using their Mobile Pay App and Eligible Card during the Promotional Period (each a “Qualifying Transaction”). A Qualifying Transaction means any Mobile Pay App purchase/transaction made with an Eligible Card of any value in-store, in apps or online. Qualifying Transactions do not include transactions conducted by individuals swiping or inserting their Eligible Card, card not present transactions made over the phone, and balance inquires, transfers, deposits, withdrawals and change of PIN.
7. Multiple entries permitted. Each individual will receive one (1) entry into the draw for every three (3) Qualifying Transactions made during the Promotional Period.
8. The draw will take place at Anisimoff Legal, 5/210 Central Coast Hwy, Erina NSW 2250 on 29 September 2017 at 12:00pm AEST. The Promoter may also draw twenty (20) additional reserve entries and record them (in order) in case an invalid entry or ineligible cardholder(s) is/are drawn, or if a drawn cardholder(s) is/are unable to accept the prize. In the event of an invalid entry or an ineligible cardholder(s), or if the cardholder(s) is/are unable to accept the prize, the prize will be awarded to the next valid reserve entry drawn.
9. Winners will be notified by telephone within two (2) business days of the draw and in writing, and their names will be published online at www.cuscalpayments.com.au/mobilepay2017 from 6 October 2017. Any SA winners will be published in The Advertiser (SA) on 6 October 2017. All reasonable steps to notify the winner of the results of the promotion will be taken by the Promoter.
10. The Promoter’s decision is final and no correspondence will be entered into.
11. The first twenty (20) valid entries drawn will each win AU$2,000. Twenty (20) prizes in total will be awarded in this promotion. The total prize pool value is AU$40,000.
12. The AU$2,000 prize will be transferred via EFT into each prize winner’s Participating Financial Institution account, which may take 21 business days to be transferred. The AU$2,000 prize will not be transferred into an account in the name of another person or an account at another Financial Institution.
13. Prizes, or any unused portion of a prize, are not transferable or exchangeable.
14. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
15. If for any reason any prize remains unclaimed by 11:00am AEDST on 29 January 2018, the prize will be forfeited. A re-draw for any such prizes may take place at 12:00pm AEDST on 29 January 2018 at the same place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone within two (2) business days of the re-draw and in writing, and their names will be published online www.cuscalpayments.com.au/mobilepay2017 from 5 February 2018. Any SA winners will also be published in the Advertiser (SA) on 5 February 2018. If an unclaimed prize draw winner does not take their prize by the time specified by the Promoter, then the prize will be forfeited.
16. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law
(a) to disqualify any entrant; or
(b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
17. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
18. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the following;
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) any variation in prize value to that stated in these Terms and Conditions;
(e) any tax liability incurred by a winner or entrant; or (f) taking/use of a prize.
19. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
21. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the internet service provider used.
22. As a condition of accepting a prize, each winner (or their parent/legal guardian where a winner is under 18 years of age) must sign any legal documentation as in the form required by the Promoter and/or prize suppliers in the absolute discretion, including but not limited to a legal release and indemnity form.
1 Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.